A South Korean court has ruled that North Korea must compensate the family of Lee Dae-jun, a public official killed in the 2020 West Sea Incident.
On February 13, the Seoul Central District Court ruled in favor of Lee’s family in a damages lawsuit against North Korea. The court ordered North Korea to pay 100 million Korean won (approximately $69,000) to each of Lee’s two family members, totaling 200 million won. However, the court did not provide a verbal explanation for its decision during the hearing.
Lee, a fisheries official, went missing near Yeonpyeong Island on September 22, 2020. North Korean forces shot and killed him, then burned his body at sea, sparking controversy and outrage in South Korea.
Lee’s family filed a compensation lawsuit in April 2022, demanding 100 million won each for Lee’s son and daughter. They argued that the psychological trauma of losing their father in such a brutal manner was severe. Since North Korea was the defendant, the case proceeded through public notification delivery, a legal procedure where court documents are deemed delivered after being posted publicly.
Legal Battle Over North Korea’s Status
Initially, the court dismissed the lawsuit, ruling that public notification delivery requirements were not met. The family appealed, and the appellate court reinstated the case. The ruling stated that North Korea is not recognized as a state under South Korean law and is instead treated as an anti-state entity, making it subject to lawsuits. The court also determined that the plaintiffs had made sufficient efforts to locate North Korea’s representatives, allowing for public notification delivery to be used.
Even if the ruling is finalized, enforcing compensation remains nearly impossible since the defendant is North Korea.
In a separate case, Lee’s family sued South Korea’s presidential office and the Ministry of National Defense to access government records about the incident. The court ruled partially in their favor, granting access to some information.
BY MOONGYU CHO, YOUNGNAM KIM [kim.youngnam@koreadaily.com]
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